Professional Documents
Culture Documents
June 2004
Refugee Council
Registered address:
3 Bondway
London SW8 1SJ
For further copies of this report, contact the Refugee Council on 020 7820 3042
or 020 7820 3060, or email: marketing@refugeecouncil.org.uk
An on-line version of this report is available on the Refugee Council website at:
www.refugeecouncil.org.uk
Foreword
For the last few years, the public debate about asylum and refugees has
rarely risen above the level of hysteria and panic. There is a crisis over
numbers, the system is in chaos, the country is being overwhelmed, the
Government should get tough... and so on. The clatter of this relentless
ratchet has drowned out those voices pleading for a calmer and more
rational approach. But is there now a temporary, relative lull? Asylum remains
a controversial issue, as the recent local and European elections showed. But
numbers are down and are flat-lining; the Government has a tighter grip on
the system; the media have, to some extent, shifted their attention to other
issues of migration. None of these developments should be overstated, and
few, if any, of them are positive for asylum seekers and refugees themselves.
But perhaps there is now a small space in which to have a high quality
debate among opinion formers and policy shapers about the future of the
fundamental issues.
Such a debate is not just timely, it is critical. The Government has again been
signalling that the fundamental basis of the asylum system in Europe should
be up for discussion1.
I hope you will take the opportunity to read this paper which is cogent,
thought-provoking and - not the least of its virtues - to the point. It should
serve as useful tool in focussing debate on one of the big issues of our time.
Maeve Sherlock
Chief Executive, Refugee Council
1 The UN Convention on Refugees, first introduced in 1951, at a time when the cold war and lack of
cheap air travel made long-range migration far more difficult than it has become today, has started to show
its age. Tony Blair speech on migration, 27 April 2004.
Premises
The principles and approaches discussed later in this document flow from a
recognition that:
2 The settlement of refugees in Britain, Home Office Research Study 141, 1995.
2
contribute 10 per cent more in taxes than they consume in benefits and
public services3. Governments could work more creatively with refugee
diaspora, including refugee women, to promote integration in countries of
asylum, and to create the conditions for return to countries of origin.
3. Refugee women, men and children have different needs:
Persecution can be gender-specific (sexual violence, honour killing,
female genital mutilation) or child-specific (forced military recruitment,
forced labour or trafficking for prostitution). Women and children face
particular obstacles on their journey to safety and on arrival in a country
of asylum. Their needs are often marginalised, their voices not heard. An
estimated 20,000 asylum-seeking children arrive in the EU every year
without their parents or usual carer. They are regularly detained or
deported without the proper safeguards. Increasing numbers disappear
while waiting the outcome of their asylum claim and risk becoming
victims of trafficking4. Without the support of their families and while
experiencing fear, loss and uncertainty, children have to negotiate, often
in a foreign language, unfamiliar procedures that frequently take little
account of their status as children. Women seeking asylum are often
treated as dependents of the main asylum applicant, while having
suffered persecution that would entitle them to refugee status in their
own right. They may be reluctant to describe their experiences to a male
interviewer or in the presence of family members during an asylum
interview. Newly arrived refugee women in the UK are afraid to leave
their homes at night, experience isolation and often fail to get the health
treatment they need5. Refugee men are branded as trouble-makers,
criminals or terrorists, and targeted for attack.
4. The UK takes no more than its fair share of the global
responsibility for refugees: While the number of asylum seekers
entering Europe halved in the decade following its 1992 peak at the
height of the Bosnian conflict, asylum applications in the UK increased,
giving rise to concerns that the UK was reaching a limit to the number of
refugees it could accommodate. The reality is that when the number of
asylum seekers and refugees is compared to a countrys capacity to
6 Selected Indicators Measuring Capacity and Contributions of Host Countries, UNHCR, April 2002.
7 Home Office and UNHCR figures, February 2004.
8 Attitudes towards Refugees and Asylum Seekers: A Survey of Public Opinion, MORI, 2002.
9 Ben Page, citing 2002 MORI research for the Commission for Racial Equality in Managing
Britains People Flow, Open Democracy, October 2003, at: www.opendemocracy.net
4
one third in the 49 poorest countries. Another 25 million people have
been forced from their homes by violence or persecution but remain
within the borders of their countries, mostly in the developing world, so
are classed as internally displaced persons rather than refugees. As in
the UK, receiving communities in the developing world can see refugees
as a threat. In Britain, refugees may be seen as competing for services;
in developing countries, they may compete for basic resources such as
food, fuel and shelter. Although there is nothing in international law
stating that refugees must seek asylum in the first safe country they get
to, relatively few of those who do manage to cross into neighbouring
states travel beyond them. Wealthier countries, such as the UK, offer
virtually no legal routes, requiring visas from nationals of any country
producing refugees and denying them to people who might seek asylum.
Neighbouring countries, which are themselves often unstable, are left
with the lions share of responsibility for the worlds refugees. Refugees
seeking security and a chance to rebuild their lives have little option but
to put themselves into the hands of human smugglers, if they can afford
to, and risk a dangerous journey and exploitation by traffickers.
7. Refugee movements are a distinct form of international
migration: People migrate from one country to another for all kinds of
reasons, ranging from conflict and food insecurity to job opportunities
and lifestyle. Refugees represent a particular and distinct category of
people whose countries cannot, or will not, safeguard their basic human
rights, and who do not enjoy the luxury of choosing whether to leave or
return home. Amongst them are people whose lives or liberty are
threatened because of who they are. While it is clear, by definition, why a
refugee is outside of her country, the factors that determine where she
might seek asylum are diverse. A rational human being will consider
where she can best rebuild her life, a decision that is likely to be
influenced by family, language, cultural and economic factors. A Briton
forced to flee, for example, might wish to join relatives in Australia,
rather than head for neighbouring countries, such as France, Belgium or
the Netherlands. The complex relationship between refugee movements
and general migration has led to some confusion in the public debate.
The media has been found to use 51 different labels10 to describe the
people concerned.
11 In a catch 22, the Home Office often treats possession of a valid passport as an indication that
a person is not a refugee, on the assumption that persecuting countries try to prevent their
opponents from escaping.
12 States of Conflict: Causes and patterns of forced migration to the EU and policy responses, Castles,
Crawley, Loughna, Institute for Public Policy Research, 2003.
13 The Deadly Consequences of Fortress Europe, United for Intercultural Action, 2004.
6
transport, improved communications and the demand for cheap and
flexible workers. Nevertheless, only three per cent of the worlds
population (175 million) were living outside their country of birth in 2000
and of those, less than one in 10 (16 million) were refugees14. Out of 89
million people arriving in and passing through the UK in 2002, 103,000
applied for asylum, or about one tenth of one per cent. Asylum seekers
were far outnumbered by other categories of migrants. 120,000 people
arrived on work permits, 370,000 as students and 84,000 as asylum
seekers15. It should be noted that the flow is two-way: one in two Britons
is reported to be eager to leave the UK16.
10. A significant proportion of asylum seekers will remain in the UK:
Not all asylum seekers qualify for asylum under the UKs interpretation of
international law, but the Home Office estimates that about 42 per cent
of asylum claims in 2002 were successful17. Some unsuccessful applicants
may be allowed to stay on other grounds, although this is becoming
increasingly rare. It would be inhumane, for example, to force a person
to return to a place where they suffered severe trauma. It would have
been wrong to send Holocaust survivors back to post-war Germany, and
it would be equally wrong to send back survivors of the genocide in
Rwanda or of the rape and slaughter in the Democratic Republic of
Congo. For other unsuccessful asylum applicants, the conditions may not
be conducive for return. It may be some time, for example, before much
of Iraq and Afghanistan are safe enough to justify voluntary return, let
alone forced removal. As to the remainder, it must be acknowledged that
it would be impractical to aim to forcibly remove all those who choose
not to leave the UK voluntarily. It should also be noted that some people
who arrive on work, student or family reunion visas may be refugees, but
prefer not to apply for asylum.
11. There are no quick fixes: However attractive they may be, there are
no quick fixes for asylum in the UK. Solutions are complex, long-term and
international. Under the auspices of the United Nations, representatives
14 Exploding the Migration Myths, Analysis and Recommendations for the European Union, the UK and
Albania, King, Mai, Mirela Dalipaj, Oxfam/Fabian Society, 2003.
15 Control of Immigration: Statistics, United Kingdom, 2002, Home Office, 2003. Figures for asylum
seekers do not include dependents
16 Extended Family, The Guardian, 11 May 2004.
17 Asylum Statistics United Kingdom 2002, Home Office, 2003.
Principles
Approaches
19 An assessment of the impact of asylum policies in Europe 1990-2000, Zetter et al, Home Office, 2003.
20 Understanding anti-asylum rhetoric, Paul Statham, The Political Quarterly, 2003.
10
2. Joined-up policy: UK asylum policy should not detract from or
undermine other policy objectives, such as promoting human rights,
gender-equality, stability and positive perceptions of the UK abroad, or
building social cohesion at home. It should encourage people to be in the
system, paying taxes and visible to the authorities, not drive them
underground into the hands of traffickers and the informal economy. Nor
should other policies generate more refugees or economic migrants, such
as foreign policy, trade policy or support for inappropriate arms sales.
3. Setting an example: The common characteristics of the countries of
origin of the largest groups of asylum seekers arriving in Europe are war,
repression and human rights abuses21. Those people would not have to
flee if their countries respected human rights and the rule of law. It is
clearly in the UKs interests to promote those values internationally, and it
should lead by example. The UKs credibility is undermined when it is
seen as shirking its international obligations by preventing refugees from
reaching the UK, and pushing international human rights law to the limits
in its treatment of asylum seekers in an attempt to discourage them from
coming to Britain.
4. International co-operation: The UK must not attempt to shift the
responsibility for its share of the worlds refugees onto poorer countries.
Instead, it should look for genuine, long-term solutions in partnership
with Southern countries, under the auspices of the UNHCR. Solutions that
work for the UK may well work in regions of origin and vice versa.
Whether in the UK or Africa, Bicester or Bujumbura, refugees should be
integrated into communities and not warehoused in camps. To facilitate
this, resources for basic needs and services must benefit the host
community as much as the refugees it is being asked to accommodate.
5. Dignified and realistic alternatives to illegal entry: Policies that
block access to protection in Europe must be balanced by the opening up
of legal routes, such as resettlement or 'asylum visas', on a realistic scale,
together with safeguards to ensure that those in need of protection are
identified and duly protected. If asylum seekers have access to effective
protection on their journey to the UK, they will have less incentive to take
on the costs and risks of using smugglers. Refugees are only protected
21 States of Conflict: Causes and patterns of forced migration to the EU and policy responses, Castles,
Crawley, Loughna, Institute for Public Policy Research, 2003.
12
Application
Simultaneous, comprehensive and gender-sensitive action is needed at all
points on a refugees journey.
In the UK
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8. Services should be made equally accessible to men, women and
children. Particular attention should be given to the difficulties women
face in having their needs met for reproductive and sexual health care.
To this end, asylum statistics and the use of services by refugees and
asylum seekers should be fully broken down by gender. The UK should lift
its reservation on the UN Convention on the Rights of the Child, which
allows it to treat asylum-seeking children differently from all other
children.
9. More flexible, imaginative programmes could be developed in
partnership with refugee communities, including refugee women, to
improve conditions in countries of origin and to help refugees and
asylum seekers return voluntarily, in safety and dignity. Action to
create conditions conducive to sustainable return will also help to
prevent people having to flee in the future.
10. Asylum seekers who have their claims determined in a fair and efficient
asylum procedure and are not found to be in need of protection nor to
have any humanitarian or other reasonable grounds to remain, should be
removed promptly, safely and with dignity. Enforced return can be
facilitated by means of transparent international frameworks that
maintain standards of protection, including the monitoring and
following up of cases. Unsuccessful asylum seekers should not be
coerced into returning by forcing them into destitution through the
withdrawal of housing and other welfare benefits. It is inhumane, can
breach human rights law and sets a poor signal to the rest of the world
about the UK's commitment to human rights and the rule of law. Those
who cannot be returned should be provided with adequate support or a
legal status that allows them to support themselves.
In the EU
11. Europe should be aiming for a level playing field, based on best
practice in protection and integration, and such that wherever a person
applies for asylum in Europe, they can expect a similar outcome. All
policies and procedures must be gender-sensitive. With respect to
children, best practice entails giving primacy to the best interests of
the child. Separated children should be allowed to participate in
decisions affecting them, must never be refused entry to EU territory or
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and fully comply with the Refugee Convention and other human rights
treaties. For protection to be truly effective, in addition to having their
basic needs met in safety and dignity, refugees must have timely,
voluntary and informed access to a durable solution, whether local
integration, resettlement to another country, such as the UK, or voluntary
return.
17. The decision on the type of durable solution must be based on
principles of protection, with the safety of individuals paramount. On
the other hand, while such schemes should be kept separate from the
protection system, opportunities to enter the UK and EU for non-
asylum reasons, such as work or study, should be made available to
refugees in regions of origin.
18. More could be done to promote integration in countries of first
asylum. Many refugees in developing countries remain in camps for
many years, even decades, where basic needs such as food and safety,
are not met, let alone opportunities for sustainable livelihoods. Whilst
resettlement and repatriation have received much attention, better
international guidelines for local integration need to be developed. Where
appropriate, local integration should be promoted in a way that benefits
both refugees and host communities, and, where necessary, development
assistance should be targeted to assist this, as UNHCR has advocated in
its Development for Local Integration (DLI) initiative.
19. In order for asylum seekers to enter the system and not feel compelled
to risk smuggling themselves into the EU, they must have a realistic
prospect of reaching their preferred destination by a legal route.
The UK and EU should be developing resettlement programmes
and/or protection visas (sometimes called protected entry procedures),
on a scale that would both offer individuals a realistic alternative to the
services of smugglers, and show a genuine willingness to share
responsibility with the countries concerned. Such schemes would offer
access to protection in the UK or EU to some of the most vulnerable
refugees who would otherwise be unable to make the journey. They
would provide a means of demonstrating a commitment to sharing
responsibility for refugee protection with developing countries, and could
be used strategically to encourage those countries to better protect and
integrate refugees who cannot be resettled or return voluntarily. They
offer opportunities to enhance public understanding of the reasons
In countries of origin
21. The need for refugees to flee should be reduced by tackling the
root causes of why people are forced to leave their homes. Greater
international efforts are needed to reduce conflict and promote good
governance, respect for human rights and adherence to guiding principles
of internal displacement. The cost of such measures should be compared
to the enormous sums spent on preventing people from arriving. In
2002, five industrial countries, including the UK, jointly spent 17
billion US dollars on the enforcement of immigration control and
support of asylum seekers, about two thirds of the amount they spent on
overseas development assistance22.
22. In situations where it is recognised that large numbers of people are
fleeing a country and are in need of protection, consideration should be
given to relaxing the visa regime rather than tightening it. Instead of
imposing a visa requirement on Zimbabweans, the UK might have
22 Bordering on control: combating irregular migration in North America and Europe, IOM Research
series 13, 2003.
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persuaded other EU countries to drop theirs and share the responsibility
for Zimbabwean refugees.
23. In the longer term, the number of refugees fleeing and the corresponding
number of asylum seekers arriving, can be reduced by joined-up
policies of conflict prevention and development. Advance
warning systems should be put in place so that protection can be
provided the moment a humanitarian crisis occurs. Potential trouble spots
should be identified and action taken to anticipate refugee flows. Arms
exports must cease to regimes with poor human rights records
and those engaged in internal oppression or violence against their
neighbours. Action should be taken against illicit trading in
diamonds and other commodities which fuels conflicts.
24. Conditions conducive to the return of refugees should be created
through reconstruction and development, based on best
development practice and using the resources of the refugee diaspora.
UNHCRs 4R strategy of Repatriation, Reintegration, Rehabilitation and
Reconstruction provides a useful guide.
25. The Government should be consulting widely about country
reconstruction, making decisions in a transparent way. Decisions about
the safety of return, particularly forced return, should be made in an
open forum where all agendas are represented.